Granting Easement Over Private Road Access

[simon43]

I (I mean wifey) have been offered a piece of land to buy which could be suitable for construction of our new, small hotel. The land is not adjacent to the government road, and is currently accessed by a small, private road that is owned by another party.

That party has offered to sell us the road land, so that we can guarantee access to our land.

The road is also used to access some workers' accommodation which is located on the the other party's land.

If I purchase the road, then I could either deny access to the workers, (which would probably not be the smartest of moves), or I could grant them an easement for access to their accommodation.

If I grant an easement, I want to be sure that reasonable access is only allowed for those who live at the accommodation, and that the road access is not blocked, covered in buffalo sh*t etc etc.

What would be the documents/conditions that I should stipulate that would allow fair access to this accommodation, without detrimenting my own ownership rights and access?

Simon

[stgrhe]

A servitude; Sections 1387 - 1401 of the Civil and Commercial Code

http://www.samuiforsale.com/Law-Texts/thailand-civil-code-part-3.html#1386

[cheeryble]

Yes a servitude's right Simon. I'm doing one myself. It's called a para jamyom.

Although the registration on the back of the chanoot only mentions the basic servitude, the conditions of the servitude, which are whatever you can agree on, will be stored at the Land Dept too and are enforcable in perpetuity.

So it's a matter of formulating the simplest set of watertight conditions which will protect you. I would aim to write them in a handful of easily understandable clauses, and I would certainly consider doing it myself. Two witnesses needed.

My gf just gave a seller of land a registered loan rather than deposit whilst we wait some time for an administrator to be agreed by the court. We discovered that instead of paying the lawyer the 20,000 baht asked (!) we could buy a standard form for 3 baht and do it all ourselves.

Edited August 3, 2011 by cheeryble